If the news of a loved one’s passing isn’t already taking an emotional toll, imagine having to go through the tedious process of administering his or her estate.
Our Orange County probate lawyers have 25 combined years of experience helping family members ensure that every step of the probate process is prepared and filed properly with the Orange County Superior Court, such as the petition for probate, clearing probate notes and filing the inventory and appraisal.
The probate process in Orange County decides the property rights of a decedent’s heirs. The Probate Court will act to determine whether a person died with a will and may answer questions about that will’s authenticity. In addition, an executor of an estate may take temporary control of a deceased’s assets and distribute them to relevant parties during the process.
Every stage of probate raises important legal questions, including which parties have the right to inherit property and whether an executor has acted appropriately under the law. An experienced Orange County probate lawyer could help you answer these questions. A skilled legal representative may help family members initiate probate, address concerns about the legitimacy of a will, and evaluate the actions of executors to protect your property rights.
Assisting with the Initiation of Probate
Probate is a process that occurs after a person’s death. However, authorized parties must petition a local probate court to initiate proceedings. According to California Probate Code § 8000, any person interested in a decedent’s estate has the legal right to request that a court open a case.
Interested parties may include named heirs in a will, nominated executors of estates, or family members of the deceased. Probate applications must include detailed information about the decedent and their property and a copy of a will. A skilled attorney could help petitioners understand and navigate the probate process.
Proper Administration of a Will in Orange County
An essential element of probate is the court’s evaluation of a decedent’s will. If a person died with a valid will, the court must distribute their assets according to the terms of the estate plan. However, an individual may dispute the authenticity of these documents.
An Orange County probate lawyer could help address questions about the legitimacy of a will. A local attorney could present evidence that a will or a signature on a document was the product of undue influence or fight back against such allegations. The goal is to protect clients’ property rights by making the necessary legal arguments concerning the legitimacy of a will.
Evaluating the Actions of Executors
The distribution of assets can only occur after a court allows an executor to oversee an estate. An executor has the authority to open bank accounts in the estate’s name, take temporary control of assets, and distribute property to beneficiaries.
Every step that an executor takes is subject to judicial scrutiny. If a person believes that an executor acted without the estate’s best interests in mind, they could ask a court to remove the executor from the role or file lawsuits to hold the executor responsible for any damage. An Orange County probate lawyer could help evaluate executors’ actions and pursue appropriate legal remedies on behalf of heirs.
Reach Out to an Orange County Probate Attorney Today
The probate process is your chance to establish your legal right to property after a loved one’s death. The procedure includes filing a request to open probate in the correct court, determining the legal status of a will, and holding the executor of an estate responsible for their actions.
An Orange County probate lawyer could take the lead in your case. Whether you need to initiate probate, intend to question the legitimacy of a will, or need help evaluating the actions of an executor of an estate, we are ready to act on your behalf. Contact us now to examine your options.
Our legal team can assist in English, Chinese (中文 – Mandarin and Cantonese), and Vietnamese (Tiếng Việt) to help bridge the language barrier for family members. We are conveniently located near Southern California landmarks such as Disneyland, Knott’s Berry Farm, Little Saigon, University of California – Irvine, Fashion Island, and Crystal Cathedral.